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- General
1.1 This agreement
governs your use of the Web Integrated Internet information service (the
"Service"),.Additional terms and conditions of use applicable to specific
areas of the Service may also be posted in such areas and, together with this
agreement, govern your use of those areas. This agreement, together with any
such additional term and conditions, are referred to as this "Agreement."
1.2
Web Integrated reserves the right, in its discretion, to change or modify all
or any part of this Agreement at any time, effective immediately upon notice
published on the Service. Your continued use of the Service constitutes your
binding acceptance of these terms and conditions, including any changes or
modifications made by Web Integrated as permitted above. If at any time the
terms and conditions of this Agreement are no longer acceptable to you, you
should immediately cease all use of the Service.
1.3
The Service is directed to teenagers and adults and is not directed to
children under the age of 13. Web Integrated complies with the Children's
Online Privacy Protection Act and does not permit registration by and will not
knowingly collect personally identifiable information from anyone under 13.
This requirement will be posted wherever Cyber Park collects data within the
Service, such as during the registration process.
- Use of Content
2.1
You acknowledge that the Service contains information, software, photographs,
audio and video clips, graphics, links and other material (collectively, the
"Content") that are protected by copyright, trademark or other proprietary
rights of Web Integrated or third parties. All Content on the Service is
copyrighted as a collective work of Web Integrated pursuant to applicable
copyright law. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or accessed
through the Service. Users of the Service may use the Content only for their
personal, noncommercial use.
2.2
You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any of the Content, in
whole or in part, except as expressly permitted in this Agreement. Content
consisting of downloadable software may not be reverse engineered unless
specifically authorized by the owner of the software's patent and/or
copyright. You may post on the Service any Content owned by you (such as your
original statements), Content for which you have received express permission
from the owner and Content in the public domain. You assume all risk and
responsibility for determining whether any Content is in the public domain.
You grant to Web Integrated the right to edit, copy, publish, distribute,
translate and otherwise use in any medium any Content that you place on the
Service without compensation to you. You represent and warrant that you are
authorized to grant all rights set forth in the preceding sentence.
2.3
You may download or copy the
Content only for your own personal use, provided that you maintain all
copyright and other notices contained in such Content. You shall not store
electronically any significant portion of any Content. Except as expressly
permitted by the copyright laws, no copying, storage, redistribution or
publication of any Content is permitted without the express permission of Web
Integrated or the owners of such Content or their authorized persons, if other
than Web Integrated. You may download from the Service any Content in the
public domain for your own personal use or for non-commercial redistribution.
- Rules of Conduct
You shall not post on the Service any Content which
(a)
is libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening,
(b)
contains viruses or other contaminating or destructive features,
(c)
violates the rights of others, such as Content which infringes any copyright,
trademark, patent,
trade secret or violates any right of privacy or
publicity, or
(d)
otherwise violates any applicable law. You may not post on the Service any
links to any external
Internet sites that are obscene or pornographic.
You shall not use the Service for any
commercial purpose, to distribute any advertising
or solicitation of funds or goods and
services or to solicit users to join competitive
online services.
- Managing Content
Web Integrated does not and cannot review the Content posted by users on the
Service and is not responsible for such Content. However, Web Integrated
reserves the right to delete, move or edit any Content (including Content
posted in any Interactive Area) that it may determine, in its sole discretion,
violates this Agreement or is otherwise unacceptable. You shall remain solely
responsible for all Content posted by you. Web Integrated shall have the
right, but not the obligation, to correct any errors or omissions in any
Content, as it may determine in its sole discretion.
- No Endorsement
5.1
Web Integrated does not represent or endorse the accuracy or reliability of
any Content posted on any Interactive Area and you acknowledge that any
reliance upon such Content shall be at your sole risk. Any Content placed on
any Interactive Area by users are the views of the user posting the statement,
and do not represent the views of Web Integrated.
5.2
The Service may contain links
to sites on the Internet which are owned and operated by third parties (the
"External Sites"). You acknowledge that Web Integrated is not responsible for
the availability of, or the content located on or through, any External Site.
You should contact the site administrator or Webmaster for those External
Sites if you have any concerns regarding such links or the content located on
such External Sites.
- Indemnity
You agree to indemnify, defend and hold Web Integrated and its affiliates, and
their respective officers, directors, owners, agents, information providers
and licensors (collectively, the "Web Integrated Parties") harmless from and
against any and all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any Web Integrated Party in connection with any
use or alleged use of the Service under your password by any person, whether
or not authorized by you. Web Integrated reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate
with Web Integrated's defense of such claim.
- Termination of Service
Web Integrated reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Service, including
the Interactive Areas, at any time for any reason without prior notice or
liability. Web Integrated may change, suspend or discontinue all or any aspect
of the Service at any time, including the availability of any feature,
database, or Content (including the Interactive Areas), without prior notice
or liability.
- DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY.
8.1
NEITHER WEB INTEGRATED
NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Web Integrated,
ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE
SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NONE OF WEB INTEGRATED,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS
OR SERVICES SOLD THROUGH THE SERVICE. NEITHER
Web Integrated NOR ANY
THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE
CONTENT IS ASSUMED SOLELY BY YOU.
8.2
NEITHER WEB INTEGRATED,
ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF
WEB INTEGRATED,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
- Miscellaneous
This Agreement shall be construed in accordance with the laws of the Indian
Constitution, and the parties irrevocable consent to bring any action to
enforce this Agreement in the federal or state courts located in Jaipur,
Rajasthan, . This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and supersedes all previous
written or oral agreements between the parties with respect to such subject
matter. If any inconsistency exists between the terms of this agreement and
any additional terms and conditions posted on the Service, such terms shall be
interpreted as to eliminate any inconsistency, if possible, and otherwise, the
additional terms and conditions shall control. Sections 2, 3, 7, 8, 10 and 11
shall survive any termination of this Agreement as well as any other
provisions which by their terms or sense are intended to survive.
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